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2. Sponsored Activity. "Sponsored Activity" or "Sponsored Activities" means any and all online and offline activities sponsored by Cricut, including, without limitation, (a) visiting and viewing our Site and any other websites operated by Cricut; (b) submission of any Content (as defined below); and (c) participation in any forum, project center, message board, bulletin board, internal messaging system, or social media site or program sponsored by Cricut.
3. Your Account. To access our Site, make purchases of products or services, or participate in any Sponsored Activity you may be asked to (a) provide certain registration details or other information; (b) to establish a user account specific to you ("your Account"). To create your Account, you must qualify under and agree to the conditions set forth below:
- You are either 18 years old or older or the age of legal consent in your jurisdiction, whichever is older. We expressly reserve the right (but do not have the obligation) to request proof of age, at any time.
- All information that you provide in your registration form for the purposes of establishing your Account is true and correct and you will promptly notify us of any changes to such information.
- Your Account is for your sole use only and must not be used by any third party. You shall not allow any third party to use your Account, password, log-in or user ID to access or use the Site to arrange, enter, and/or participate in any Sponsored Activity, or for any other purposes. We take no responsibility for any third party access to your Account.
- You have verified and determined that your use of the Site does not violate any law or regulation in any jurisdiction that applies to you. It is your sole responsibility to ensure that this is the case.
- You will not engage in any conduct that injures or may injure the business, reputation or goodwill of Cricut.
- You shall not infringe or encroach upon Cricut's or any third party's personal, contractual or proprietary rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity or trade secrets.
- You are physically located in a U.S. state, or a jurisdiction located outside the United States, in which participation in Site or Sponsored Activities are not prohibited by the law of that state or jurisdiction.
- You will not use the Site or any Sponsored Activity for fraudulent or otherwise illegal, infringing or disallowed purposes; should you learn that any user is using the Site or any Sponsored Activity for fraudulent or otherwise illegal, infringing, or disallowed purposes, you will immediately notify us.
- You understand that we may monitor your Internet access location, without creating an obligation to do so, and may use techniques which are intended to block or restrict access from a jurisdiction in which participation in the Site or any Sponsored Activity is illegal or restricted.
- You will not mask your identify in any way, including without limitation, IP masking by accessing the Site or any Sponsored Activity over any type of proxy server, through IP masking software or the like.
- Not to alter or modify any part of our Site;
- Not to engage in the sale of access to our Site or any Content on our Site;
- Not to engage in the sale of advertising, sponsorships, or promotions placed on or within our Site or any Content;
- Not to engage in the sale of advertising, sponsorships, or promotions on any page of an ad-enabled blog or website containing Content delivered via our Site, unless other material not obtained from Cricut appears on the same page and is of sufficient value to be the basis for such sales;
- Not to circumvent, disable or otherwise interfere with security-related features of our Site or any Sponsored Activity or features that prevent or restrict use or copying of any Content or enforce limitations on use of our Site or any Sponsored Activity or the Content therein;
- Not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses our Site in a manner that sends more request messages to the Cricut servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;
- Not to collect or harvest any personally identifiable information, including account names, from our Site, nor to use the communication systems provided by our Site or any Sponsored Activity (e.g., email, or comments or other posts in a forum or project center or on a message board, internal messaging system or bulletin board) for any commercial solicitation purpose; and
- Not to solicit away from our Site, for commercial purposes, any users of our Site or any Sponsored Activity with respect to their Content.
Notwithstanding the foregoing, Cricut grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the Content, but not caches or archives of such Content. Cricut reserves the right to revoke these exceptions either generally or in specific cases. In your use of our Site or participation in any Sponsored Activity, you will comply with all applicable laws.
Cricut reserves the right to discontinue any aspect of our Site or any Sponsored Activity at any time. For more information about what constitutes a prohibited commercial use, see our Angel Policy.
5. Content. "Content" means all works of authorship and other materials and intellectual property developed or provided by you, Cricut or its licensors, users of our Site or other websites operated by Cricut, and any participants in any Sponsored Activity, including, without limitation, text, graphics, illustrations, still photography, slides, audiovisual combinations, animations, sounds, music, and motion videography. Content shall also include any Craft Materials (as defined below) and any HTML code or other code developed or provided by Cricut to be used in connection with our Site, other websites operated by Cricut, or any Sponsored Activity. As used in this Agreement, the term "Craft Materials" means any content created by You and is submitted by You to our Sites, as well as Your name (including professional name), likeness, signature, and biographical information. Craft Materials may also include, without limitation, audio, video, and audiovisual materials, artwork, texts, graphics, instructions, photographs, and other files that You submit to our Sites under this Agreement.
- Restrictions. You may not post, send, submit, publish, or transmit in connection with our Site or any Sponsored Activity any Content that:
- You do not have the right to post, including confidential or proprietary content, material or personal or financial information of any third party;
- Is false, inaccurate or misleading;
- Advocates illegal activity or discusses an intent to commit an illegal act;
- Is vulgar, obscene, pornographic, sexually-oriented, indecent, or otherwise in violation of any laws;
- Does not pertain directly to our Site or the applicable Sponsored Activity;
- Threatens or abuses others, libels, defames, invades privacy, stalks, or is racist, abusive, harassing, threatening or offensive;
- Seeks to exploit or harm children by exposing them to inappropriate Content asking for personally identifiable details or otherwise;
- Infringes any intellectual property or other right of any entity or person, including violating anyone’s patents, trade secrets, copyrights or trademarks (including Cricut logos and other Cricut trademarks) or their rights of publicity;
- Violates any law or may be considered to violate any law;
- Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content, material or information;
- Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;
- Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities on our Site;
- Disobeys any policy or regulations established from time to time regarding use of our Site or participation in any Sponsored Activities;
- Contains hyperlinks to other websites that contain content that falls within the descriptions set forth above;
- Advertises, promotes, or solicits the donation, sale or purchase of non-Cricut products or services, the distribution of non-Cricut related coupons, eBay postings etc., are prohibited;
- Advertises, promotes or solicits participation in a multi-level marketing or pyramid scheme; or
- Advertises, promotes, or solicits other users to join or become members of any commercial online service or other organization.
You understand that when using our Site and participating in any Sponsored Activity, you will be exposed to Content from a variety of sources, and that Cricut is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cricut with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Cricut, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of any Content.
- Your Submissions. You grant to Cricut the limited license to original works you submit to our Site in order that Cricut may administer our Site, for example to copy such original works to multiple servers (e.g., backup servers). Cricut does not claim ownership of the original works which you submit to our Site. Note: Original works being defined as works that do not incorporate one or more images or fonts from the Cricut library, i.e., two shapes purchased and welded together to form a separate image. By posting or submitting to our Site or in connection with any Sponsored Activity, you automatically grant Cricut all rights necessary to prohibit any subsequent unauthorized aggregation, display, copying, duplication, reproduction, or exploitation of such Content by any party for any purpose. You also agree that you shall not have any right, title, or interest in Cricut’s intellectual property.
6. Payments. All payments to Cricut to open your Account, enter a contest, participate in other Sponsored Activities, or purchase other goods or services must be made using Pay-Pal, credit card or other means of payment that we may approve from time to time. All payments to Cricut must be made from a payment source on which you are the named account holder. All payments to Cricut are not refundable, for any reason.
You agree that Cricut is not liable for any loss caused by any unauthorized use of your Pay-Pal Account, your credit card or any other method of payment by a third party in connection with our Site or any Sponsored Activity. You waive your right to dispute any payment made into your Account and you will personally bear all costs.
Any attempt to defraud our Site through the use of Pay-Pal, credit cards or other methods of payment, or any failure by you to honor charges or requests for payment will result in immediate termination of your Account, forfeiture of any prizes which you may have been awarded, and civil and/or criminal prosecution.
In the case of suspected or fraudulent payment, including use of stolen Pay-Pal credentials or credit card information, by anyone, or any other fraudulent activity, we reserve the right to block your Account. We shall be entitled to inform any relevant authorities or entities (including credit reference agencies) of any payment fraud or other unlawful activity, and may employ collection services to recover payments. We reserve the right to run credit checks on any user on the basis of the information provided to us on registration
7. Our Right to Not Accept Your Order or Cancel Your Purchase. Cricut reserves the right to refuse any order for whatever reason. We also reserve the right to cancel any purchase (an order already accepted by us) in (amongst others) the following situations, without being liable for any damage or costs: the product is not available/in stock (any payments will be refunded); your billing information is not correct or not verifiable; your order is flagged up by our security systems as an unusual order or an order susceptible to fraud; your bank transfer payment is not received within twelve (12) calendar days after acceptance of your order; we have reason to believe you are under eighteen (18); we have reason to believe that you are a reseller; there was an error in the price quote; or we could not deliver to the address provided by you.
- Price Changes. The product prices displayed on our Site may be subject to change. Cricut reserves the right to change prices without notice. Subject to clause 8(b) below, the prices as displayed at the moment of purchase are the prices applicable to that purchase.
- Pricing Errors. Please note that even though our Site is composed with care, it is possible that the pricing information on our Site contains errors. Cricut is not bound by our offer and we reserve the right to cancel your purchase in the event of such error.
9. Promotions. Cricut offered Sponsored Activities comprised of sweepstakes, contests or other promotions, which may be governed by a separate set of rules that describe the sweepstakes, contest or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid or restricted, and to determine any requirements of You in connection with the applicable sweepstakes, contest or promotion.
10. Risk of Loss. All items purchased from Cricut are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
11. Returns. You must contact email@example.com within five (5) days of receipt of your order in order to return any purchased item. No returns will be accepted after fifteen (15) days of receipt of your order. We do not offer returns on opened CRICUT® cartridges. Any returns must be in saleable condition, in original packaging. Return shipping is the customer’s responsibility, unless you have received a damaged product or the wrong product. Damaged products must be returned and will be exchanged with same item or a credit given, whichever you prefer. All returns are subject to a twenty percent (20%) restocking fee. If an order is cancelled after it has been processed, it is considered a return and will be subject to a restocking fee. You may be responsible for currency conversion costs associated with international returns. You will need an RMA number before returning any products. Returns without an RMA will not be accepted. Please contact us to request an RMA. After receiving an RMA, your returns must be received within fourteen (14) days.
12. Intellectual Property Rights. Unless otherwise noted, all Content on our Site or furnished in connection with any Sponsored Activity is subject to the copyright, trademark, trade dress and other intellectual property rights held by Cricut or its affiliates or by third parties who have licensed their Content and rights to Cricut. All such rights are protected by U.S. and international copyright and trademark laws. Cricut, its affiliate and licensors expressly reserve all intellectual property rights in all Content which appears on our Site or is furnished in connection with any Sponsored Activity. Access to our Site does not confer and shall not be deemed as conferring upon anyone any license under any of Cricut's or any third party's intellectual property rights.
The CRICUT®, CRICUT EXPLORE®, DESIGN SPACE®, CRICUT DESIGN SPACE™, CRICUT CRAFT ROOM®, CRICUT EXPRESSION®, CRICUT IMAGINE®, CRICUT CAKE®, CRICUT MINI®, GYPSY®, YUDU®, YOURSTORY®, CUTTLEBUG®, KNIFTY KNITTER®, CRICUT LOGOS, and other marks and designs and all related product and service names, design marks and slogans are the trademarks or service marks of Cricut. All other marks are the property of their respective proprietors. No trademark or service mark license is granted in connection with the Content contained on this website, and access to our Site does not authorize anyone to use any name, logo or mark in any manner. References on our Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Cricut's endorsement, sponsorship or recommendation of such third party, or its information, products or services.
14. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Cricut to locate the material;
- Information reasonably sufficient to permit Cricut to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Cricut's designated Copyright Agent to receive notifications of claimed infringement is Cricut, Attn: Copyright Agent, 10855 South River Front Parkway, Suite 300, South Jordan, Utah U.S.A. 84095; email: firstname.lastname@example.org. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Cricut customer service through http://www.cricut.com/contact. You acknowledge that if you fail to comply with all of the requirements of this Section 12, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Salt Lake City, Utah, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Cricut may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Cricut's sole discretion.
15. Warranty Disclaimer. YOU AGREE THAT YOUR USE OF OUR SITE AND YOUR PARTICIPATION IN ANY SPONSORED ACTIVITY SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, CRICUT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR SITE AND YOUR PARTICIPATION IN ANY SPONSORED ACTIVITY. CRICUT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO OUR SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR YOUR PARTICIPATION IN ANY SPONSORED ACTIVITY , (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR PAYMENT ACCOUNT INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR SERVERS BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE OR ANY SPONSORED ACTIVITY. CRICUT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SITE OR ANY SPONSORED ACTIVITY OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND CRICUT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. Limitation of Liability. IN NO EVENT SHALL CRICUT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR YOUR PARTICIPATION IN ANY SPONSORED ACTIVITY, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR PAYMENT ACCOUNT INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SITE OR SERVERS, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE OR SERVERS BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SITE OR ANY SPONSORED ACTIVITY, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YOU OR CRICUT ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT CRICUT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Our Site is controlled and offered by Cricut from its facilities in the United States of America. Cricut makes no representations that our Site or any Sponsored Activity is appropriate or available for use in other locations. Those who access or use our Site or participate in any Sponsored Activity from other jurisdictions do so at their own volition and are responsible for compliance with local law.
21. Termination. You or we may suspend or terminate your account or your use of our Site at any time, for any reason or for no reason. You are personally liable for any orders that you place or charges that you incur prior to termination. We reserve the right to change, suspend, or discontinue all or any aspect of our Site at any time without notice.
Terms & ConditionsSales order terms and conditions
Order terms and conditions
Digital credit terms and conditions
Provo Craft sales order terms and conditions
Unless a separately signed written agreement governs this Purchase Order, you and Provo Craft agree that the following terms replace and supersede any additional conflicting terms submitted with your Purchase Order and are the only terms under which PROVO CRAFT will sell or license its products ("Products") to you.
Payment terms and conditions of sale:
Prices for Products are those set out in PROVO CRAFT’s current Price List, less the applicable discount, if offered. PROVO CRAFT may modify the Price List at any time, including changes to the Products or their corresponding list prices. All Product prices include delivery from the PROVO CRAFT warehouse to your carrier, at which point title and risk of loss to the Products will pass to You. Except as may be specifically authorized in writing by PROVO CRAFT, and subject to PROVO CRAFT’s continuing approval of your credit status and financial condition, you will pay PROVO CRAFT for all Products ordered by within thirty (30) days of the date of the corresponding invoice issued by PROVO CRAFT. PROVO CRAFT, in its sole discretion, reserves the right to specify, and to change from time to time, your credit line and payment terms. All payments are to be made in US dollars. If at any time you are delinquent in the payment of any invoice, exceed the credit line established by PROVO CRAFT, or are otherwise in breach of the Purchase Order, PROVO CRAFT may, in its discretion, withhold shipment (including partial shipments) of any order or may require you to pay cash on delivery for further shipments. Payment not received by PROVO CRAFT when due may be subject to a late payment service charge.
It is Provo Craft’s policy that all sales are final; however in limited instances a return may be authorized. Prior to returning any inventory you must obtain a Return Material Authorization (RMA) number from Provo Craft. An application for return must be submitted within 30 days of receiving the merchandise. You must provide the PO and invoice number. Unauthorized returns will not be issued credit. For more information please contact Provo Crafts wholesale dept. at 1.800.937.7686.
PROVO CRAFT warrants to the end-user that each item of hardware ("Hardware") will be free from defects in workmanship and materials for its respective warranty period, which begins on the date of purchase by the end-user. End-users’ exclusive remedy and PROVO CRAFT’s sole obligation and liability under this warranty is to promptly repair or replace any failed Hardware returned to You on behalf of an end-user because of defects in workmanship or material.
PROVO CRAFT warrants to the end-user that each item of software ("Software"), as delivered or updated by PROVO CRAFT and properly installed and operated on the Hardware or other equipment it is originally licensed for, will function during its respective warranty period substantially as described in the user documentation supplied by PROVO CRAFT with the Software. If any item of Software fails to so perform during its warranty period, as the sole remedy PROVO CRAFT or PROVO CRAFT’s supplier will at its discretion provide a suitable fix, patch or workaround for the problem, which may be included in a future revision of the Software.
These warranties do not apply to any Product which has been (i) altered, except by PROVO CRAFT or in accordance with its instructions, or (ii) used in conjunction with another vendor’s product resulting in the defect, or (iii) damaged by improper environment, abuse, misuse, accident or negligence. Replacement parts furnished under this warranty may be refurbished or contain refurbished components. The foregoing warranties and limitations are exclusive remedies and are in lieu of all other warranties express or implied, including without any limitation warranty of merchantability or fitness for a particular purpose.
Limitation of Liability:
PROVO CRAFT shall not under any circumstances be liable to any person for any special, incidental, indirect or consequential damages, including, without limitation, damages resulting from use of malfunction of the Products, loss of profits or revenues or costs of replacement goods, even if PROVO CRAFT is informed in advance of the possibility of such damages. Except as required by law, in no event will PROVO CRAFT’s liability in connection with the Products or this Purchase Order exceed the amounts actually paid to PROVO CRAFT under this Purchase Order for the Products giving rise to such liability. These limitations apply to all causes of action in the aggregate. No action may be brought or arbitration demanded at any time more than twelve (12) months after the occurrence of the facts giving rise to the cause of action.
Parties will abide by all export laws and regulations of the United States with respect to export of any Hardware, Software or technical information provided by one to the other. Products shall not be supplied to a Distributor in any country if (1) the export of any such product to such country is prohibited by the laws of the United States, including the Export Regulations of the Department of Commerce of the International Traffic in Arms Regulation of the Department of State; (2) the import of any such Product into such country is prohibited by the laws of such country; or (3) the proper import certificate(s) required by the laws of such country for the lawful importation of any such product have not been obtained. Neither party shall be liable for delays or failure to meet obligations pursuant to this Purchase Order due to causes beyond the party’s reasonable control, provided the non-performing party promptly notifies the other party of the non-performance and takes all reasonable steps to recommence performance promptly.
Jurisdiction; Waiver of Jury Trial:
Any disputes arising out of this Purchase Order shall be subject to the jurisdiction of, and must be brought before, the state courts of Utah, county of Utah, or the U.S. District Court for the District of Utah. You consent to the waiver of a jury trial.
This Purchase Order shall be governed by and construed in accordance with the laws of the United States and the State of Utah. The parties agree that the United Nations Conventions on Contracts for the International Sale of Goods are specifically excluded from application of this Purchase Order.
Provo Craft Purchase Order Terms and Conditions
1. SERVICES & DELIVERABLES. Seller agrees to provide the Goods or deliverables (collectively referred to as "Goods"), described in any purchase order, in accordance withthese Terms and Conditions ("Agreement"). Upon acceptance of a purchase order, shipment of Goods or commencement of a Service, Seller shall be bound by the provisionsof these Terms and Conditions, including all provisions set forth on the face of any applicable purchase order, whether Seller acknowledges or otherwise signs this Agreement or the purchase order, unless Seller objects to such terms in writing prior to shipping Goods or commencing Services.
This writing does not constitute a firm offer and may be revoked at any time prior to acceptance. This Agreement may not be added to, modified, superseded or otherwise altered, except by writing signed by an authorized Provo Craft representative. Any terms or conditions contained in any acknowledgment, invoice or other communication of Seller, which are inconsistent with the terms and conditions herein, are hereby rejected. If there is a conflict between the English terms and the Chinese terms, then English terms shall control.To the extent that this Agreement might be treated as an acceptance of Seller's prior offer, such acceptance is expressly made on condition of assent by Seller to the terms hereofand shipment of the Goods or beginning performance of any Services by Seller shall constitute such assent.
2. DELIVERY. Time is of the essence. Delivery of Goods shall be made pursuant to the schedule, via the carrier and to the place specified on the face of the applicable purchase order and in compliance with Provo Craft’s Vendor Logistics Guide. Provo Craft reserves the right to return, collect shipping charges, all Goods received in advance of the delivery schedule. If no delivery schedule is specified, the order shall be filled promptly and delivery will be made by the most expeditious form of land transportation. If no method of shipment is specified in the purchase order, Seller shall use the least expensive carrier. In the event Seller fails to deliver the Goods within the time specified, Provo Craft may, at its option, decline to accept the Goods and terminate the Agreement or may demand its allocable fair share of Seller's available Goods and terminate the balance of the Agreement. Seller shall package all items in suitable containers to permit safe transportation and handling. Each delivered container must be labeled and marked to identify contents without opening and all boxes and packages must contain packing sheets listing contents. Provo Craft's purchase order number must appear on all shipping containers, packing sheets, delivery tickets and bills of lading.
3. IDENTIFICATION, RISK OF LOSS & DESTRUCTION OF GOODS. Identification of the Goods shall occur in accordance with Provo Craft’s Vendor Logistics Guide, or as otherwise specified by Provo Craft. Seller assumes all risk of loss until receipt by Provo Craft. Title to the Goods shall pass to Provo Craft upon receipt by it of the Goods at the designated destination.If the Goods ordered are destroyed prior to title passing to Provo Craft, Provo Craft may at its option cancel the Agreement or require delivery of substitute Goods of equal quantity and quality. Such delivery will be made as soon as commercially practicable. If loss of Goods is partial, Provo Craft shall have the right to require delivery of the Goods not destroyed.
4. PAYMENT. As full consideration for the delivery of the Goods and the assignment of rights to Provo Craft as provided herein, Provo Craft shall pay Seller the amount agreed upon and specified in the applicable purchase order. Applicable taxes and other charges such as shipping costs, duties, customs, tariffs, imposts and government imposed surcharges shall be stated separately on Seller's invoice. Payment is made when Provo Craft's check is mailed. Payment shall not constitute acceptance. All personal property taxes assessable upon the Goods prior to receipt by Provo Craft of Goods conforming to the purchase order shall be borne by Seller. Seller shall invoice Provo Craft for all Goods delivered and all Services actually performed. Each invoice submitted by Seller must be provided to Provo Craft within ninety (90) days of delivery of Goods and must reference the applicable purchase order, and Provo Craft reserves the right to return all incorrect invoices. Unless otherwise specified on the face of a purchase order, Provo Craft shall pay the invoiced amount within sixty (60) days after receipt of a correct invoice.
5. WARRANTIES. Seller warrants that all Goods provided will be new and will not be used or refurbished. Seller warrants that all Goods delivered shall be free from defects in materials,design and workmanship and shall conform to all applicable specifications for a period of fifteen (15) months from the date of delivery to Provo Craft or for the period provided in Seller's standard warranty covering the Goods, whichever is longer. Furthermore, the Products will be free from defects and materials which could create a hazard to life or property; the Products will conform in all respects with all applicable international, federal, state, agency, and local laws, orders, and regulations, including, without limitation, those regarding: (a) safety, (b) content, (c) flammability, (d) weights, measures, and sizes, (e) processing, manufacturing, labeling, advertising, selling, shipping, and invoicing, (f) registration and declaration of responsibility, (g) occupational safety and health, and (h) noise, radio and electromagnetic emissions. If requested by Provo Craft in the Purchase Order, Seller hereby agrees that it will make spare parts available to Provo Craft for a period of five (5) years from the date of shipment at Sellers then current price. Additionally, Goods purchased shall be subject to all written express warranties made by Seller's agents. All warranties shall be construed as conditions as well as warranties and shall not be exclusive. Seller shall furnish to Provo Craft Seller's standard warranty and service guaranty applicable to the Goods. All warranties and Service guaranties shall run both to Provo Craft and to its customers.
If Provo Craft identifies a warranty problem with the Goods during the warranty period, Provo Craft will promptly notify Seller of such problems and will return the Goods to Seller, at Seller's expense. Within five (5) business days of receipt of the returned Goods, Seller shall, at Provo Craft's option, either repair or replace such Goods, or credit Provo Craft's account for the same.
Replacement and repaired Goods shall be warranted for the remainder of the warranty period or six (6) months, whichever is longer.
6. INSPECTION. Provo Craft shall have a reasonable time after receipt of Goods or Service deliverables and before payment to inspect them for conformity hereto, and Goods received prior to inspection shall not be deemed accepted until Provo Craft has run an adequate test to determine whether the Goods conform to the specifications hereof. Use of a portion of the Goods for the purpose of testing shall not constitute an acceptance of the Goods. If Goods tendered do not wholly conform with the provisions hereof, Provo Craft shall have the right to reject such Goods. Nonconforming Goods will be returned to Seller freight collect and risk of loss will pass to Seller upon Provo Craft's delivery to the common carrier.
7. INDEPENDENT CONTRACTOR. Seller is an independent contractor for all purposes, without express or implied authority to bind Provo Craft by contract or otherwise. Neither Seller nor its employees, agents or subcontractors ("Seller's Assistants") are agents or employees of Provo Craft.
8. SELLER RESPONSIBLE FOR TAXES AND RECORDS. Seller shall be solely responsible for filing the appropriate federal, state and local tax forms, and paying all such taxes or fees, including estimated taxes and employment taxes, due with respect to Seller's receipt of payment under this Agreement. Seller further agrees to provide Provo Craft with reasonable assistance in the event of a government audit. Provo Craft shall have no responsibility to pay or withhold from any payment to Seller under this Agreement, any federal, state or local taxes or fees.
9. INSURANCE. Seller shall be solely responsible for maintaining liability, and other insurance, as is required by law or as is the common practice in Seller's trades or businesses, whichever affords greater coverage. Upon request, Seller shall provide Provo Craft with certificates of insurance or evidence of coverage before commencing performance under this Agreement. Seller shall provide adequate coverage for any Provo Craft property under the care, custody or control of Seller.
10. INDEMNITY. Seller shall indemnify, hold harmless, and at Provo Craft's request, defend Provo Craft, its officers, directors, customers, agents and employees, against all claims, liabilities, damages, losses and expenses, including attorneys' fees and cost of suit arising out of or in any way connected with the Goods or Services provided under this Agreement, including, without limitation, (i) any claim based on the death or bodily injury to any person, destruction or damage to property, or contamination of the environment and any associated clean up costs, (ii) any claim based on the negligence, omissions or willful misconduct of Seller or any Seller's Assistants, and (iii) except where a design, or specification, is provided by Provo Craft, any claim by a third party against Provo Craft alleging that the Goods or Services, the results of such Services, or any other products or processes provided under this Agreement, infringe a patent, copyright, trademark, trade secret or other proprietary right of a third party, whether such are provided alone or in combination with other products, software or processes. Seller shall not settle any such suit or claim without Provo Craft's prior written approval. Seller agrees to pay or reimburse all costs that may be incurred by Provo Craft in enforcing this indemnity, including attorneys' fees.
Should Provo Craft's use, or use by its distributors, subcontractors or customers, of any Goods or Services purchased from Seller be enjoined, be threatened by injunction, or be the subject of any legal proceeding, Seller shall, at is sole cost and expense, either (a) substitute fully equivalent non-infringing Goods or Services; (b) modify the Goods or Services so that they no longer infringe but remain fully equivalent in functionality; (c) obtain for Provo Craft, its distributors, subcontractors or customers the right to continue using the Goods or Services; or (d) if none of the foregoing is possible, refund all amounts paid for the infringing Goods or Services.
11. CONFIDENTIALITY. Seller will acquire knowledge of Provo Craft Confidential Information (as defined below) in connection with its performance hereunder and agrees to keep such Provo Craft Confidential Information in confidence during and following termination or expiration of this Agreement. "Provo Craft Confidential Information" includes but is not limited to all information, whether written or oral, in any form, including without limitation, information relating to the research, development, products, methods of manufacture, trade secrets, business plans, customers, vendors, finances, personnel data, Work Product (as defined herein) and other material or information considered proprietary by Provo Craft relating to the current or anticipated business or affairs of Provo Craft which is disclosed directly or indirectly to Seller. In addition, Provo Craft Confidential Information means any third party's proprietary or confidential information disclosed to Seller in the course of providing Services or Goods to Provo Craft. Provo Craft Confidential Information does not include any information (i) which Seller lawfully knew without restriction on disclosure before Provo Craft disclosed it to Seller, (ii) which is now or becomes publicly known through no wrongful act or failure to act of Seller, (iii) which Seller developed independently without use of the Provo Craft Confidential Information, as evidenced by appropriate documentation.
12. OWNERSHIP OF WORK PRODUCT. For purposes of this Agreement, "Work Product" shall include, without limitation, all designs, discoveries, creations, works, devices, masks, models, work in progress, inventions, products, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived or developed by Seller alone or with others which result from or relate to the Goods provided hereunder. Standard Goods manufactured by Seller and sold to Provo Craft without having been designed, customized or modified for Provo Craft do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Provo Craft. Seller hereby agrees to irrevocably assign and transfer to Provo Craft and does hereby assign and transfer to Provo Craft all of its worldwide right, title and interest in and to the Work Product including all associated intellectual property rights. Seller agrees: (a) to disclose promptly in writing to Provo Craft all Work Product in its possession; (b) to assist Provo Craft in every reasonable way, at Provo Craft's expense, to secure, perfect, register, apply for, maintain, and defend for Provo Craft's benefit all copyrights, patent rights, mask work rights, trade secret rights, and all other proprietary rights or statutory protections in and to the Work Product in Provo Craft's name as it deems appropriate; and (c) to otherwise treat all Work Product as Provo Craft Confidential Information as described above. These obligations to disclose, assist, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Provo Craft to Seller shall remain the sole property of Provo Craft.
13. TERMINATION. Provo Craft may terminate this Agreement upon written notice. In the event of such termination, Provo Craft shall pay Seller for the portion of the those conforming Goods delivered to Provo Craft through the date of termination, less appropriate offsets.
Upon the expiration or termination of this Agreement: (a) each party will be released from all obligations to the other arising after the date of expiration or termination, except for those which by their terms survive such termination or expiration; and (b) Seller will promptly notify Provo Craft of all Provo Craft Confidential Information or any Work Product in Seller's possession and, at the expense of Seller and in accordance with Provo Craft's instructions, will promptly deliver to Provo Craft all such Provo Craft Confidential Information and/or Work Product.
14. FORCE MAJEURE. Provo Craft shall not be liable for any failure to perform including failure to take delivery of the Goods as provided caused by circumstances beyond its control which make such performance commercially impractical including, but not limited to, acts of God, fire, flood, acts of war, government action, accident, labor difficulties or shortage, inability to obtain materials, equipment or transportation. In the event Provo Craft is so excused, either party may terminate the Agreement and Provo Craft shall at its expense and risk, return any Goods received to the place of shipment.
15. SEVERABILITY. If any provision of this Agreement shall be deemed to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
16. LIMITATION OF LIABILITY. IN NO EVENT SHALL PROVO CRAFT BE LIABLE TO SELLER OR SELLER'S ASSISTANTS, OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT, WHETHER OR NOT PROVO CRAFT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
17. ASSIGNMENT; WAIVER. Seller may not assign this Agreement or any of its rights or obligations under this Agreement, without the prior written consent of Provo Craft. Any assignment or transfer without such written consent shall be null and void. This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of Provo Craft without restriction. A waiver of any default hereunder or of any term or condition of this Agreement shall not be deemed to be a continuing waiver or a waiver of any other default or any other term or condition.
18. NON-EXCLUSIVE AGREEMENT. This is not an exclusive Agreement. Provo Craft is free to engage others to perform Services or provide Goods the same as or similar to Seller's. Seller is free to, and is encouraged to, advertise, offer and provide Seller's Services and/or Goods to others; provided however, that Seller does not breach this Agreement.
19. NOTICES. Except for Purchase Orders which may be sent by local mail, facsimile transmission, or electronically transmitted, all notices, and other communications hereunder shallbe in writing, and shall be addressed to Seller or to an authorized Provo Craft representative, and shall be considered given when (a) delivered personally, (b) sent by confirmed telex or facsimile, (c) sent by commercial overnight courier with written verification receipt, or (d) three (3) days after having been sent, postage prepaid, by first class or certified mail.
20. SURVIVAL OF OBLIGATIONS. Any obligations and duties which by their nature extend beyond the expiration or termination of this Agreement shall survive the expiration or termination of this Agreement.
21. GOVERNING LAW. This Agreement shall be construed in accordance with, and disputes shall be governed by, the laws of the State of Utah, excluding its conflict of law rules. The Fourth District Court of Utah or the United States District Court for the District of Utah shall have jurisdiction and venue over all controversies arising out of, or relating to, this Agreement. The applicability of the UN Convention on Contracts for the International Sale of Goods is hereby expressly waived by the parties and it shall not apply to the terms and conditions of this Agreement.
22. ENTIRE AGREEMENT; MODIFICATION. This Agreement is the complete, final and exclusive statement of the terms of the Agreement between the parties and supersedes any and all other prior and contemporaneous negotiations and agreements, whether oral or written, between them relating to the subject matter hereof. This Agreement may not be varied, modified, altered, or amended except in writing, including a purchase order or a change order issued by Provo Craft, signed by the parties. The terms and conditions of this Agreement shall prevail notwithstanding any variance with the terms and conditions of any acknowledgment or other document submitted by Seller. Notwithstanding the foregoing, this Agreement will not supersede or take the place of any written Agreement which is signed by both parties and covers the same subject matter as this Agreement or its related purchase orders.
23. COMPLIANCE WITH LAWS. Seller shall comply fully with all applicable federal, state and local laws in the performance of this Agreement. Upon Provo Craft's request, Seller will promptly provide Provo Craft with a statement of origin for all Goods and other documents reasonably requested by Provo Craft in order to effect the import/export of the Goods to the location designated by Provo Craft.
24. INJUNCTIVE RELIEF. Seller acknowledges and agrees that the obligations and promises of Seller under this Agreement are of a unique, intellectual nature giving them particular value. Seller's breach of any of the promises contained in this Agreement will result in irreparable and continuing damage to Provo Craft for which there will be no adequate remedy at law and, in the event of such breach, Provo Craft will be entitled to seek injunctive relief, or a decree of specific performance.
Digital Credit Terms & Conditions
The following terms govern the use and redemption of certain promotional credits made available to you as a limited promotion in connection with the sale of Cricut® products. These terms and conditions apply except where otherwise required by law. This credit can only be redeemed for certain digital images or other digital material made available by Cricut on its websites. The credit is provided to you as a free promotional component of a product offering.
We reserve the right, in our sole discretion, to terminate or modify this promotion. Notice of a modification will be posted at this website. This promotional offer applies only to qualifying products.
Purchase of or use of this card constitutes agreement to the following terms:
This card may only be used for purchases made online at Cricut.com. This card has no fees and is not redeemable or refundable for cash. Unless stated otherwise, this card shall not expire and may not be redeemed for shipments outside the U.S. Lost or stolen cards will not be replaced.
Additional payment required if purchase price exceeds the value of the Cricut Gift Card. Gift Cards are not for resale. Any term or condition of this card is void where prohibited by law. These terms and conditions are subject to change without notice. To check the available balance on a Gift Card, call 877-7CRICUT. Issued by Provo Craft & Novelty, Inc.
Cricut Angel Policy
Provo Craft and Novelty, Inc. d/b/a Cricut (“Cricut”) is pleased that individuals wish to create and sell personal craftwork items incorporating our products, designs and images. This Angel Policy provides limited permission for certain sales of such craftwork items, but not others. Please read this entire Angel Policy carefully to see how it applies to You and Your proposed sale of craftwork items.
Any person or entity who uses CRICUT or CUTTLEBUG® brand products, Copyright Materials, as defined below, or Third Party Rights, as defined below (the “Content”), pursuant to this permission agrees to comply with and be bound by the terms and conditions below and all applicable Third Party Rights Restrictions. Cricut shall have the right to modify and/or terminate the limited permission granted in this Angel Policy for any reason and at any time, in its sole discretion.
The terms of the CRICUT End-User License Agreement are in pertinent part:
- “You may not copy, reproduce or in any other manner duplicate the Cartridge or Content, except as authorized in this Agreement or in the Angel Policy.”
- “Content may be owned by Cricut, or licensed by third parties to Cricut and may be subject to the Angel Policy.”
- “The terms and conditions set forth in the Angel Policy, which is incorporated into this Agreement by reference, apply and place limitations upon your ability to create and sell craftwork items using the Cartridge and the Content.”
- “You should read the entire Angel Policy carefully from time to time to see how it applies to You and Your proposed sale of any craftwork items. In the event of a conflict between the provisions of this Agreement and the Angel Policy, the terms and conditions of the Angel Policy shall govern.”
- Angel Policy means this permission document. Cricut will change this Angel Policy from time to time and post the most recent version on this website.
- Copyright Materials means products, designs and images that are subject to protection as works of authorship under U.S. or international copyright laws. Copyright materials may be owned by Cricut, or licensed as Third Party Rights to Cricut.
- Finished Product means completed projects (e.g. cards, scrapbook pages, cakes) with multiple cuts permanently affixed. (To see examples of Finished Products click here).
- Mass Production means any of these: (a) production in quantities of more than ten thousand (10,000) Finished Products per year; (b) production by more than one person in an assembly line fashion; (c) production by a person other than the individual who created the original craftwork item or Finished Product, or by a member of his or her family;or (d) production in a factory.
- Third Party Rights means trademarks, copyrights, and patents owned by third parties other than Cricut, made available to Cricut under license. Use of Third Party Rights by Cricut and its customers, including under this Angel Policy, may be subject to Third Party Rights Restrictions.
- Third Party Rights Restrictions means any use restrictions imposed by Cricut’s licensors of Third Party Rights, as set forth in the end-user license agreements, instructions, user manuals or other documentation provided by Cricut with the applicable products that make use of such Third Party Rights.
Subject to the terms and conditions set forth herein and to all applicable Third Party Rights Restrictions, Cricut hereby grants limited permission to private individuals to incorporate Copyright Material and Third Party Rights into Finished Products that may be offered and sold to others, but only in the quantities and in the manner expressly permitted in this Angel Policy. Notwithstanding the foregoing, Walt Disney Company (Disney Consumer Products, Inc.), Sesame Workshop, Hello Kitty (Sanrio, Inc.), Warner Bros. (DC Comics, c/o Warner Bros. Consumer Products, Inc.), Martha Stewart, Kirstie Allsopp (BBC Worldwide Limited), Entertainment One UK Limited, Nickelodeon (Viacom International, Inc.), and Boys Scouts of America characters and images MAY NOT be reproduced and sold. Any person who uses Copyright Material or Third Party Rights pursuant to this permission agrees to comply with and be bound by the terms and conditions below and all applicable Third Party Rights Restrictions. No individual cuts of Copyright Material made by or with CRICUT or CUTTLEBUG® brand products may be sold.
Terms and Conditions
- All Copyright Materials and Third Party Rights are protected under applicable United States and international copyright, trademark and patent laws, which means that they cannot be copied or incorporated into craftwork items and sold to others without the written permission of Cricut or its licensors.
- Any Finished Product to be sold under this Angel Policy must either not incorporate Third Party Rights, or if it does, the sale must comply with all applicable Third Party Rights Restrictions.
- Mass Production of craft items incorporating Copyright Material or Third Party Rights is strictly prohibited
- Except as provided in Section 6 below, no person may use, and this Angel Policy does not permit use of the Cricut name or trademark or any other trademarks, trade names, trade dress or logos of Cricut. Neither the Cricut name or trademark nor any other trademarks, trade names, trade dress or logos of Cricut may be used at any location where personal craftwork items are sold, nor may they be used in any manner to advertise or promote such items nor in a manner that states, suggests or implies an endorsement or sponsorship by, or affiliation with Cricut.
- Use of Copyright Material or Third Party Rights for the purpose of creating logos, trademarks, trade names, trade dress, labels, tags or packaging (e.g., company trademarks,product trademarks, product packaging, etc.) is strictly prohibited.
- Each Finished Product that incorporates any Copyright Material must be conspicuously marked with the notice “Includes Copyright Material of Cricut,” in a reasonable size and location on such items, or on tags or labels for such items.
- Copyright Material may not be altered in any manner, including without limitation, copyright notices, or the like. Any such alteration will be considered an infringement of copyright. Cricut expressly reserves all moral rights in its Copyrighted Material.
- Cricut may post such modifications or terminations on this website, notify affected persons in writing, or both. Any modification or termination posted on this website shall be deemed effective and binding upon all parties five (5) business days after posting. Any modification or termination that is separately given in writing (including by email) to any person, shall be deemed effective and binding upon that person immediately upon receipt. Upon termination, all copying, sales, distribution, advertising and marketing of any of craft items incorporating Copyright Material shall immediately cease.
- Persons offering or selling Finished Products pursuant to this Angel Policy are solely responsible for complying with any and all applicable federal, state and local laws and regulations.
- Persons creating Finished Products items pursuant to this Angel Policy assume all liability and responsibility for suitability of their craftwork items and for any claim or dispute arising as a result of the sale, offer for sale and/or distribution of their items and agree to indemnify and hold harmless Cricut and holders of any Third Party Rights from disputes arising from the sale, offering for sale and/or distribution of such items.
- Provo Craft & Novelty, Inc. is a Utah corporation. The laws of the State of Utah govern this Angel Policy. The state and federal courts of Utah will have exclusive jurisdiction over any proceeding arising from this policy. Any person who makes and sells Finished Products under this Angel Policy expressly agrees to be subject to the exclusive personal jurisdiction of the courts of the State of Utah. Any failure by Cricut to enforce any of its rights or any Third Party Rights will not constitute a waiver of such rights.
For more information about using Copyright Material or any Third Party Rights, or if you have any questions regarding this Angel Policy, please contact us at email@example.com.
- Can I sell my crafts made with my Cricut cutting machine? Yes. Our products and offerings are designed for personal use. The Angel policy is an additional benefit designed for those who wish to sell their creations: Cricut Angel Policy. We believe the Angel Policy is the most generous policy in our industry. The Angel Policy authorizes you to sell up to 10,000 completed projects annually (i.e., cards, scrapbook pages, finished cakes), using cuts made with Provo Craft products. It does not, however, authorize you to produce and sell individual, unassembled cuts using Provo Craft products (i.e., mass producing individually-cut letters or shapes to re-sell) nor to produce and sell items that incorporate licensed content.
- Do I have to include a copyright notice on the item I am selling? What if there is not enough room? Each finished product that incorporates any Copyright Material must be conspicuously marked with the notice: “Includes Copyright Material of Cricut.” This notice should be placed in a reasonable size and location on the items, or on tags or labels for such items.
- Can I cut fabric and letters and images from Cricut cartridges for appliques on clothing to sell?Yes, provided you comply with the terms of the Angel Policy.
- Can I make a poster designed with images from Cricut cartridges for a company event?Yes, provided you comply with the terms of the Angel Policy.
- Can I create items with Disney content to give away at a charity event? The Angel Policy does not authorize you to produce or sell individual items that incorporate licensed content from major licensors including Walt Disney Company, Sesame, Hello Kitty, Warner Bros, Martha Stewart, Kirstie Allsopp, Entertainment One UK Limited, Nickelodeon, and the Boy Scouts of America.
- Can I sell sheets of stickers made with Cricut cartridge artwork? No. Sheets of stickers are considered individual cuts so the Angel Policy does not authorize you to produce and sell individual stickers or sheets of stickers using Cricut images. However, the Angel Policy does allow you to sell stickers if they are part of a completed project.
- Can I sell boxes and tags? Yes. Boxes and tags are considered a “Finished Product.”
- How do I know which images I can use to create completed projects to sell? All images that are part of the Cricut Image Library Subscription are covered by the Angel Policy. Other images that are not part of your Cricut Image Library Subscription may be licensed content that is subject to Third Party Rights Restrictions.
- If I create my own design and upload it into Design Space, will you make that design available to other users? Any project with a user uploaded image is by default saved as private and no one else has access to it. We do not sort through user projects looking for images that we can add to our image library to sell/give to others.
- Can I use any image in Design Space? All images that are part of the Cricut Image Library Subscription are covered by the Angel Policy. In Design Space, the images that are part of the Image Library Subscription have a green “a” symbol.
- Are fonts in the Cricut Image Library Subscription included in the Angel Policy? Yes.
- Can I sell individual die cuts of Cricut images? No. The Angel Policy authorizes you to sell up to 10,000 completed projects annually (i.e., cards, scrapbook pages, finished cakes), using cuts made with Provo Craft products. It does not, however, authorize you to produce and sell individual, unassembled or assembled cuts using Provo Craft products (i.e., mass producing individually-cut letters or shapes to re-sell).
- Does the sale of 10,000 Finished Products mean of the same item or 10,000 of each type of item? The number 10,000 is the total number of finished products per year. Finished products can be one or more cuts as long as the cut(s) are permanently affixed to the product. Keep in mind that Mass Production of craft items incorporating Copyright Material or Third Party Rights is strictly prohibited as outlined in our Angel Policy.
- Can I report potential copyright violators? Yes. We appreciate our consumer’s assistance in helping us to protect the intellectual property rights and livelihood of the artists whose work we license. Please feel free to send potentially infringing activities to firstname.lastname@example.org. Your report will remain anonymous.
- Is it prohibited to sell finished items which incorporates the use of your embossing folders? You can incorporate artwork from embossing folders in your finished items to sell as long as you comply with the provisions in our Angel Policy. Keep in mind that there are embossing folders that are excluded from the Angel Policy because they are licensed content including Disney and Sesame Street.
- How can I get permission to use licensed content that are not included in your Angel Policy? Cricut is not permitted to provide any contact information other than their names for these 3rd party artists. If you wish to pursue permission from them or from any artist to use their artwork, we suggest that you contact them directly and possibly seek legal counsel.
- What is your policy on where I can sell finished products? Can I sell things in a retail store? The Angel Policy currently does not have any restrictions on where you can sell your finished products. This does not constitute legal advice and it would be your responsibility to comply with any laws, regulations and/or policies of your storefront.
When you use the services of Cricut, your privacy matters.
Notice To California Residents – Your California Privacy Rights:
We do not, but may in the future, share customer information with non-affiliated third parties so that they may offer, market and advertise products and services directly to our customers. If and when that happens, we will provide our customers the choice to opt out of such information sharing. Any request for a disclosure required under this California law should be sent to us via email at Privacy@ProvoCraft.com or via postal mail at Provo Craft & Novelty, Inc., Attn: Privacy Representative, 10855 South River Front Parkway, Suite 400, South Jordan, Utah U.S.A. 84095. Please note that under this law, we are not required to respond to a customer’s request more than once in a calendar year, nor are we required to respond to any request that is not sent to the email or mailing address designated above.
1. Types of information we collect
- Personal Information. “Personal Information” refers to your personally identifiable information, including first and last name, telephone number, email address, mailing address, and Payment Account Information (as defined below). Many areas and features on our Site do not require registration and may be accessed by you without having to disclose any Personal Information. However, to the extent you voluntarily provide your Personal Information to us, we collect such information. For example, we collect Personal Information from you: (i) when you register to become a member on our Site; (ii) when you register to participate in a Sponsored Activity; (iii) when you join our electronic mailing list; (iv) when you purchase a product or service from us online (in such event, we collect your credit card, bank account or other payment account information (“Payment Account Information”) in order for us to accept, process, manage, and fulfill a purchase order as well as to process a return and refund request from you after the purchase); (v) when you submit a request or inquiry to us on our Site; and/or (vi) when you interact with customer care (in such event, we collect details regarding your interactions with customer care, such as the date, time and reason for contacting us, transcripts of any chat conversations, and if you call us, your phone number). Each of the above means of furnishing Personal Information is referred to as a “Transaction or Request.” You control the decision to disclose your Personal Information. However, without your Personal Information, we will not be able to process your Transaction or Request.
- Aggregate and Anonymous Information. “Aggregate and Anonymous Information” means any information that does not identify you individually. For example, we may collect anonymous group data (demographics, interests and preferences, etc.) about customers when they register to become members on our Site or to participate in a Sponsored Activity. We also collect aggregate traffic data pertaining to our Site, such as: total page views in a given time period; total impressions per ad; average amount of time that visitors spend on our Site each time they visit; average amount of time that visitors spend on each page of our Site; percentage of visitors from a certain geographical area, etc. Moreover, we may combine “User Activity Information” (as described below) about you and other users of our Site to generate aggregate information that reflects activities, habits, preferences, interests, etc. about our users as a group. In addition, we may take Personal Information and make it non-personally identifiable, such as by aggregating your information with information about other individuals, or by removing personally-identifiable elements (such as names) so as to “anonymize” or “de-personalize” your information.
To the extent we use User Activity Information in a manner that identifies a specific user individually (e.g., if we link or associate such information with name or address), it will be treated as Personal Information. Otherwise, User Activity Information will be treated as Aggregate and Anonymous Information.
2. Our use of information
We use information collected from and about our users and customers to improve our products and services, to improve the pages and content of our Site, to administer and maintain operations of our Site, to administer and manage transactions and relationships with our users and customers, to offer, market and advertise products and services to our users and customers, and to conduct market research and analysis.
- For Marketing and Advertising Purposes. We may use your Personal Information or User Activity Information to offer, market and advertise to you, on our Site and/or via email, our and/or third party products and services that may be of interest to you.
- For Market Research Purposes. We may use Aggregate and Anonymous Information (including such information derived from Personal Information and User Activity Information) to conduct market research and analysis for ourselves as well as for our sponsors and business partners. If we do combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.
3. Disclosure to third parties outside Provo Craft
At times, Provo Craft may make certain personal information available to strategic partners that work with Provo Craft to provide products and services, or that help Provo Craft market to customers.
Disclosure to Non-Affiliates for Direct Marketing/Advertising Purposes. We do not, but may in the future, share your Personal Information with non-affiliated third parties so that they may offer, market and advertise products and services directly to you. If and when that happens, we will provide our customers with advance notice and the choice to opt out of such information sharing.
Please note, however, that under no circumstances do we knowingly share your Payment Account Information with non-affiliated third parties for direct marketing and advertising purposes (except with your affirmative prior consent).
Disclosure to Co-Sponsors. From time to time, we may co-sponsor (online and offline) events and/or product/service offerings with non-affiliated third parties. If you participate in such co-sponsored events or offerings, any Personal Information and User Activity Information we collect from you based on your participation may be shared with our co-sponsors who may use such information for their own marketing and advertising purposes. You must contact our co-sponsors directly in order to opt out of their use of your information for marketing and advertising purposes.
- Disclosure to Service Providers. We may disclose your Personal Information and User Activity Information to our outside vendors and contractors who need to access such information in order to perform their services (including, without limitation, transaction/payment processing, order fulfillment, survey/contest/sweepstakes administration and prize fulfillment, data research and analysis, data collection and processing, data storage, data security, hosting and technical support for our Site, and marketing and advertising support) to us (hereinafter collectively as “Service Providers”). For example, we may use a marketing firm to conduct online surveys from time to time. Generally, we require that our Service Providers use your information shared by us solely for the purposes of performing their services to us and that they maintain the confidentiality, security and integrity of such information and not further disclose the information to others.
4. Information access; your choices
- Information Access. If you wish to update/correct your Personal Information (such as address or payment information) previously provided to us, you may send your request to us via email at Privacy@ProvoCraft.com or via postal mail at Provo Craft Provo Craft & Novelty, Inc., Attn: Privacy Representative, 10855 South River Front Parkway, Suite 400, South Jordan, Utah U.S.A. 84095. We will endeavor to process your request as soon as possible after receipt. Also, if you have an active account on our Site, you may log into your account to review, update and correct your account information. For other personal information, we will provide you with access for any purpose except as follow; (i) we may decline to process requests that are frivolous/vexatious, jeopardize the privacy of others, are extremely impractical, or for which access is not otherwise required by law.
- Your Choices
Please also note that if the email address you provide to us is a “wireless” email address (i.e., the address is designated by a wireless service carrier specifically for transmitting emails to a wireless device), we will not send marketing emails to that address without your prior opt-in consent. The Federal Communications Commission has published a list of domain names used by wireless service providers to transmit emails to wireless devices, at http://www.fcc.gov/cgb/policy/DomainNameDownload.html. Wireless service providers must add new domain names to this list within 30 days of activating them. If your email address contains a domain name on this list (after the “@” symbol), then we will treat your email address as a wireless email address. However, the mere fact that you can retrieve emails from your regular Internet email account on your mobile/wireless device, does not make your Internet email address a “wireless” email address.
- Opt-Out for Disclosure to Non-Affiliates for Direct Marketing/Advertising Purposes. We do not currently, but may in the future, share your Personal Information with non-affiliated third parties so that they may offer, market and advertise products and services directly to you. You may at any time opt out of such information sharing, by sending your request to us via email at Privacy@ProvoCraft.com or via postal mail at Provo Craft Provo Craft & Novelty, Inc., Attn: Privacy Representative, 10855 South River Front Parkway, Suite 400, South Jordan, Utah U.S.A. 84095. We may also provide you with an opportunity to opt out at the time you register on our Site or to participate in a Sponsored Activity, such as by checking an opt-out box on the registration page.
- Cancellation of Account/Deletion of Information. If you wish to cancel your account on our Site and delete your Personal Information previously provided to us, you may send your request to us via email at Privacy@ProvoCraft.com or via postal mail at Provo Craft Provo Craft & Novelty, Inc., Attn: Privacy Representative, 10855 South River Front Parkway, Suite 400, South Jordan, Utah U.S.A. 84095. We will endeavor to process your request as soon as possible after receipt. However, we reserve the right to retain your Personal Information if doing so is required by law or to comply with legal process (including a court order or subpoena), a legitimate law enforcement need or for legitimate business purposes.
5. How we protect your information
Provo Craft understands the importance of protecting the security and integrity of Personal Information that our customers have shared with us, and will endeavor to safeguard your Personal Information. All Payment Account Information provided by you in connection with an online transaction with our Site will be protected by encryption using the standard Secure Sockets Layer (SSL) protocol, and we retain your Payment Account Information for only as long as is necessary to process your related transactions with us. It is also important for you to protect against unauthorized access to your password and to your computer. We urge you to keep your account login information in a safe place and not to divulge it to anyone. Also, remember to sign off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place such as a library or an Internet cafe. We will endeavor to notify you in the event we become aware of a breach or suspected breach of the security of your Personal Information stored by us.
Unfortunately, however, no data transmission over the Internet and no data storage can be 100% secure. Consequently, while Provo Craft will endeavor to safeguard your Personal Information, it cannot guarantee the absolute security of such information. You understand and agree that Provo Craft shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond Provo Craft’s control, including, without limitation, your own act or omission, corruption of storage media, defects in third party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, or terrorism.
Please note that any information that you post in any public, community or interactive areas on our Site (e.g., chat rooms, bulletin boards, message boards, and discussion groups) will be accessible to, and may be collected and used by, others and may result in unsolicited or unwanted messages or contact from others. Accordingly, please exercise caution when providing information about yourself in any public, community or interactive areas on our Site.
We treat information collected by cookies and other technologies (such as pixel tags and web beacons) as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information.
Web Beacons. Web beacons are small bits of code embedded in web pages or in emails. We may use web beacons to deliver or communicate with cookies, to count users who have visited a web page, and to understand usage patterns. We also may include web beacons in emails to learn if messages have been opened, acted on, or forwarded. Web beacons cannot be declined when delivered via a regular web page. However, web beacons can be refused when delivered via email. If you do not wish to receive web beacons via email, you will need to disable HTML images or refuse HTML (select Text only) emails via your email software.
Adobe’s Flash Cookies. The Adobe Flash Player is an application and web tool that allows rapid development of dynamic content. Flash (and similar applications) use technology to remember settings, preferences and usage similar to browser cookies but these are managed through a different interface than the one provided by your web browser. We may employ Adobe Flash cookies in certain situations where we use Flash to provide some content such as video clips or animation. You may access your Flash management tools from Adobe’s web site directly.
DoubleClick’s Dart Cookies. The DoubleClick DART cookie helps us learn how well our Internet advertising campaigns or paid search listings perform. We may use DoubleClick’s DART technology to deliver and serve advertisements. This information helps to give us and third parties the number of unique users their advertisements were displayed to, how many users click on our Internet ads or paid listings, and which ads or paid listings are clicked on.
Third Party Advertisements. We also may use third party advertisements and advertisers on our Site. Some of these advertisers may use technology such as cookies and web beacons when they advertise on our Site, which will also send these advertisers (such as Google through the Google AdSense program) information including your IP address, your ISP, the browser you used to visit our site, and in some cases, whether you have Flash installed. This is generally used for geotargeting purposes (showing New York real estate ads to someone in New York, for example) or showing certain ads based on specific sites visited (such as showing cooking ads to someone who frequents cooking sites).
7. Third party websites and third party applications
8. Protecting children
Our Site is not designed or intended for children under the age of 18, and we do not knowingly collect personal information from children under 18 on our Site. Children under the age of 18 are not permitted to register on our Site. If we discover that any registration is made by an underage child, such registration will be promptly and permanently canceled and removed from our Site, with or without notice. We urge parents and guardians to spend time online with their children and to participate in and monitor the online activities of their children.
9. International users
11. Our contact information
Privacy@ProvoCraft.com or via postal mail at Provo Craft Provo Craft & Novelty, Inc., Attn: Privacy Representative, 10855 South River Front Parkway, Suite 400, South Jordan, Utah U.S.A. 84095.
We will use reasonable efforts to respond promptly to requests, questions or concerns you may have regarding our use of Personal Information about you. Except where required by law, Provo Craft cannot ensure a response to questions or comments regarding topics unrelated to this policy or Provo Craft’s online privacy practices.
12. Policy effective date
End-user licensing agreement
Please see the following End-User License Agreements (EULA) reproduced and available below for your review and convenience. The EULAs each contain the user rights and restrictions for the associated Provo Craft product.
General Certificates of Conformity
NOTIFICATION OF CLAIMS OF INFRINGEMENT OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by filling out this form. You can also contact our designated agent and provide the following information in writing (see 17 U.S.C §512(c)(3) for further detail):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; Be sure to list each specific URL that contains your work separately. Attach screenshots or text to assist us in locating your material.
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit Provo Craft to locate the material;
- information reasonably sufficient to permit Provo Craft to contact you, such as an address, telephone number, and email address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Provo Craft's designated Copyright Agent to receive notifications of claimed infringement is
Provo Craft & Novelty, Inc.,
Attn: Copyright Agent,
10855 South River Front Parkway, Suite 400,
South Jordan, Utah U.S.A. 84095;
For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Provo Craft Customer Care through http://help.cricut.com.
You acknowledge that if you fail to comply with all of the requirements of this Section 12, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Salt Lake City, Utah, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Provo Craft may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at Provo Craft's sole discretion.
1. Introduction. This agreement ("Agreement") is between you as an individual contributor ("Contributor") and Cricut, Inc. ("Cricut"). This Agreement governs the uploading of Contributor's Craft Materials (as defined further below) to the cricut.com website or any successor website to which the contents in whole or in part of the cricut.com website are posted ("our Sites"), as well as Cricut's use of Craft Materials on our Sites. Contributor and Cricut acknowledge the exchange of mutual benefits and promises and other consideration and agree as follows with respect to new submissions of Craft Materials and any prior submissions of Craft Materials.
2. Term; Termination. The term ("Term") of this Agreement starts on the date that any Craft Materials are initially uploaded to any our Sites by Contributor and continues until Cricut terminates this Agreement with or without cause, either in writing or by the removal of Craft Materials from our Sites, subject to the survival of certain undertakings in this Agreement as set out in Section 16 below. Cricut can selectively terminate this Agreement with respect to any individual work comprising the Craft Materials by removing the posted work from our Sites.
3. Craft Materials. As used in this Agreement, the term "Craft Materials" means any content created by Contributor that meets the Content Requirements (as defined below) and that is submitted by Contributor to our Sites as provided in this Agreement, as well as Contributor's name (including professional name), likeness, signature, and biographical information. Craft Materials may also include, without limitation, audio, video, and audiovisual materials, artwork, texts, graphics, instructions, photographs and other files that Contributor submits to our Sites under this Agreement.
4. Content Requirements.
- Content Title
- Content Description
- Content Photo
The above requirement shall be referred to collectively as the "Content Requirements." Content Requirements are subject to change at Cricut’s discretion.
- Cricut and its licensors, if any, shall own and at all times shall retain all right, title, and interest in and to the patent, trademark, copyright, and trade secret rights inherent or incorporated in the products and services offered and sold by Cricut, including without limitation all CRICUT® logos, CRICUT® and CRICUT EXPLORE® cutting machines, CRICUT® digital content, consumables and accessories, DESIGN SPACE® software, and related firmware, software, tools, equipment and accessories (collectively, the "Cricut Rights"). All rights not expressly granted in this Agreement are reserved by Cricut and/or its licensors.
- Subject to the Cricut Rights and Section 6(a), and to the licenses granted to Cricut under Sections 6 and 7, Contributor shall own and at all times shall retain all right, title and interest in the patent, trademark, and copyright rights inhererent in or incorporated in such Craft Materials as are authored or invented by Contributor and uploaded by Contributor hereunder.
6. License to Use Craft Materials. As and when Craft Materials are uploaded to any of our Sites, Contributor grants to Cricut a perpetual, irrevocable, worldwide, royalty-free, exclusive right and license to do the following things:
- to prepare and encode Craft Materials or any part of them for digital or analog transmission, manipulation, and exhibition in any format and by any means now known or not yet known or invented;
- to display, copy, reproduce, exhibit, publicly perform, broadcast, rebroadcast, transmit, retransmit, distribute and re-distribute through any print or electronic means (including analog and digital) or other means, and electronically or otherwise publish any or all of the Craft Materials, including any part of them, and to include them in compilations for publication, by any and all means and media now known or not yet known or invented;
- to modify, adapt, change or otherwise alter the Craft Materials (i.e., to prepare derivative works based upon the Craft Materials);
- to grant sublicenses to any other person or company of all or any of the licensed rights in the Craft Materials, including a perpetual sublicense to make the Craft Materials available to those end-users who purchase, download, and/or access the Craft Materials, subject to the terms and conditions of this Agreement; and
- to use all or any part of the Craft Materials in the promotion, advertising or marketing of our Sites and of Cricut products and services.
Contributor acknowledges that Contributor shall not have any right, title, or interest in the Cricut Rights, any derivative works prepared by or for Cricut based upon the Craft Materials, or in any other materials with which Craft Materials may be combined or into which all or any portion of Craft Materials may be incorporated. Contributor agrees to refrain from granting similar rights to others during this Agreement and for a period of three (3) years after termination of this Agreement.
7. Name and Likeness. Contributor grants to Cricut a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use Contributor's name, likeness, and biographical information in connection with the distribution, exploitation, promotion, marketing, and advertising of the Craft Materials as described in this Agreement. Contributor agrees not to assert, and to cause any person or persons other than Contributor appearing recognizably or otherwise in Craft Materials to not assert against Cricut, any privacy, publicity, moral, or similar rights held by Contributor or such person or persons, whether under the laws of any state, the United States or any other country. To the extent that the Craft Materials contain a name, likeness or the biographical information of any other person, Contributor hereby grants to Cricut a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use the same in connection with the distribution, exploitation, promotion, marketing and advertising of the Craft Materials, as described in this Agreement.
8. Payment. Unless otherwise agreed between Contributor and Cricut in a writing from Cricut, the licenses granted to Cricut under this Agreement are royalty-free.
9. Representations and Warranties. Contributor represents and warrants that:
- Contributor has the full right and power to enter into and perform this Agreement and to grant Cricut all rights to use the Craft Materials as contemplated in this Agreement, including, without limitation, the licenses granted in Sections 6 and 7;
- all Craft Materials submitted by Contributor shall fully comply with the Content Requirements at the time of submission;
- Contributor has obtained all necessary third-party consents, rights, licenses, and permissions, if any, required for Contributor to enter into and perform this Agreement and to grant Cricut the rights to use the Craft Materials set out in this Agreement (including, without limitation, consents, and permissions from owners of any elements that are used in the Craft Materials and not otherwise comprising the Cricut Rights);
- the Craft Materials (and Cricut's use of them under this Agreement) do not and will not infringe on any rights of any third party, including any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights;
- all information that Contributor has provided or will provide to Cricut is true and complete;
- the Craft Materials do not and will not violate any law, statute, ordinance, or regulation;
- the Craft Materials do not and will not be defamatory, libelous, threatening, pornographic, obscene, harmful to minors, or comprise violations of child pornography or child sexual exploitation laws;
- the Craft Materials do not and will not contain any viruses, spiders, bots, or other malware or programming routines that may detrimentally interfere with any computer systems or data, whether those of Cricut or any third party; and
- Contributor is 18 years of age or older at the time of entering into this Agreement.
The above representations and warranties shall survive any termination of this Agreement.
Third Party Payments. Contributor is responsible for all licensing, reporting and payment obligations of any kind to third parties in connection with any Craft Materials not otherwise furnished by Cricut.
11. Indemnity. Contributor agrees to defend, indemnify, reimburse and hold Cricut and its parent, subsidiary and affiliated entities, and their respective members, managers, officers, directors, representatives, employees, agents, successors, designees, licensees, sublicensees, and assigns harmless from and against any and all liability, loss, damages, judgments, costs, and expenses (including reasonable attorney's fees, costs and expenses and court costs) arising out of or related to:
- Contributor's use of our Sites;
- any breach or alleged breach of Contributor's representations and warranties and/or any breach, alleged breach or violation of this Agreement; and
- Contributor's violation or alleged or threatened violation of any rights of a third party, including, without limitation, any trademark, copyright, patent, trade secret, right of privacy or publicity or moral rights of any third party, arising from the submission and/or use of Craft Materials as provided in this Agreement.
12. Cricut's Performance. Contributor acknowledges and agrees that our Sites may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and that Cricut will not be responsible to Contributor or others for any interruptions, errors or problems or even for an outright discontinuance of any of our Sites. Cricut provides no assurances whatsoever that any of the Craft Materials or any part or element thereof will actually be used on any of Our Sites or if used that they will continue to be available for any particular time. Cricut has the right, in Cricut's sole and absolute discretion, to remove from our Sites at any time the Craft Materials or any part of them and/or to revoke any sublicense granted by Cricut to any affiliate or unaffiliated third party. Notwithstanding the foregoing, Contributor acknowledges that Contributor is solely responsible for all content submitted to our Sites by Contributor. All Craft Materials uploaded to our Sites may be removed without notice and may be unavailable for recovery by any means. Contributor and only Contributor is responsible for maintaining at Contributor's expense and in facilities owned or controlled only by Contributor any and all original materials and any backup copies of all or any part of the Craft Materials.
13. No Warranty. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CRICUT DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- UNINTERRUPTED OR CONTINUOUS AVAILABILITY OF OUR SITES, AND
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO OUR SITES AND ANY PRODUCTS SERVICES PROVIDED BY CRICUT HEREUNDER. IN ADDITION, ALTHOUGH CRICUT INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES OR OTHER MALWARE OR DESTRUCTIVE MATERIALS TO OUR SITES, AND WHETHER OR NOT CRICUT IMPLEMENTS THE AFOREMENTIONED REASONABLE PROTECTIONS, CRICUT DOES NOT WARRANT THAT OUR SITES, ANY PART THEREOF, OR ANY INFORMATION OR OTHER MATERIAL ACCESSIBLE THROUGH OUR SITES IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER HARMFUL MALWARE OR COMPONENTS.
14. No Liability for Third Party Use. CRICUT DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY THIRD-PARTY USE OF THE CRAFT MATERIALS MADE AVAILABLE ON OUR SITES BY CONTRIBUTOR UNDER THIS AGREEMENT. CONTRIBUTOR SHALL BE SOLELY RESPONSIBLE FOR SEEKING RELIEF FOR ANY UNAUTHORIZED USE OF CONTRIBUTOR MATERIALS BY A THIRD PARTY, AND NOT FROM CRICUT. THIS MEANS, AMONG OTHER THINGS, THAT IF ANOTHER PERSON OBTAINS CRAFT MATERIALS FROM CRICUT (WHETHER OR NOT WITH CRICUT'S PERMISSION), AND USES THOSE MATERIALS IN A WAY NOT AUTHORIZED BY THE LICENSES GRANTED UNDER THIS AGREEMENT CONTRIBUTOR WILL SEEK REDRESS OR RECOVERY FROM THE OTHER PERSON AND NOT FROM CRICUT, AND THAT CONTRIBUTOR WILL NOT HOLD CRICUT RESPONSIBLE OR LIABLE FOR SUCH UNAUTHORIZED USE.
15. Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT (INCLUDING NEGLIGENCE) SHALL CRICUT, ITS OFFICERS, DIRECTORS, MEMBERS, PARENTS, AFFILIATES, SUBSIDIARIES, LICENSEES, ASSIGNS, SUCCESSORS, AGENTS, REPRESENTATIVES, EMPLOYEES OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY AND DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNITIVE DAMAGES, EXEMPLARY DAMAGES), WHETHER OR NOT DEVIANT ART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR PERFORMANCE OF THE CRICUT SITE(S). IN NO EVENT SHALL CRICUT'S TOTAL LIABILITY TO CONTRIBUTOR UNDER THIS AGREEMENT FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY EXCEED US$5.00. THE PARTIES ACKNOWLEDGE AND AGREE THAT CRICUT HAS ENTERED INTO THIS AGREEMENT IN RELIANCE ON THE LIMITATIONS OF LIABILITY SPECIFIED IN THIS AGREEMENT, WHICH ALLOCATE THE RISK BETWEEN CONTRIBUTOR AND CRICUT, AND FORM THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
- Governing Law; Jurisdiction. THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF UTAH WITHOUT REGARD TO ITS OR ANY OTHER JURISDICTION'S CONFLICT OF LAWS PRINCIPLES. THE SOLE VENUE AND JURISDICTION FOR DISPUTES ARISING FROM THIS AGREEMENT SHALL BE THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN SALT LAKE CITY, UTAH AND CONTRIBUTOR IRREVOCABLY AGREES TO SUBMIT TO THE JURISDICTION OF SUCH COURTS.
- Assignment. Cricut shall have the right to assign this Agreement in whole or in part to any person or business entity. Contributor may not assign Contributor's rights or delegate Contributor's obligations under this Agreement without the prior written consent of Cricut.
- Entire Agreement. This Agreement sets forth the entire understanding and agreement of Contributor and Cricut as to the subject matter hereof and supersedes all prior proposals, discussions, or agreements (oral and written) with respect to such subject matter.
- Modification. Cricut reserves the right to amend the terms of this Agreement from time to time in its sole discretion. Cricut will notify Contributor of any material changes to this Agreement by sending an email to the address listed in Contributor's account. If Contributor continues to upload Craft Materials after being notified of the changes to the Agreement, Contributor will be deemed to have accepted those changes and the new terms of the Agreement will govern all prior and future submissions of Craft Materials. If Contributor does not accept the new terms of the Agreement, Contributor's only and exclusive remedy will be to terminate this Agreement. Otherwise, this Agreement may be changed only by a writing signed by both parties that specifically refers to the parties' intent to amend this Agreement.
- Survival. The provisions of Sections 5, 6, 7, 9, 11, 12, 13, 14, 15 and 16 shall survive any termination of this Agreement.
- Amendment. Cricut may amend this Agreement in writing from time to time as it sees fit. Any amendment shall become binding upon Contributor when Cricut discloses through our Sites or otherwise delivers the amendment to Contributor, and Contributor confirms his or her acceptance by using the electronic confirmation provided by Cricut. Once accepted in this manner, the amendment shall apply to all existing and future Craft Materials submitted by Contributor.
Cricut® products are covered by one or more of the following patents:
CRICUT Electronic Cutting Machines
U.S. Patent Numbers:
International Patent Numbers:
- Australia 2006270130
- Canada 2,635,241
- Canada 2,635,483
- Canada 2,635,484
- Canada 114,217
- Canada 114,254
- Canada 2,676,566
- Canada 2,635,242
- China ZL200680025562.5
- China ZL200680025752.7
- China ZL200880009806.X
- Europe 000465117-0001
- Europe 000465117-0003
- Europe 000465117-0004
- Europe 1,901,889 (UK)
- New Zealand 406,990
- New Zealand 406,992
- New Zealand 406,993
- New Zealand 406,996
CRICUT CAKE® Machine
U.S. Patent Numbers:
CRICUT IMAGINE® Machine
U.S. Patent Numbers:
International Patent Numbers:
CRICUT V1 Machine
U.S. Patent Numbers:
International Patent Numbers:
- Canada 114,210
- Canada 114,216
- Canada 114,218
- New Zealand 406,997
- Taiwan D115,588
U.S. Patent Numbers:
International Patent Numbers:
- Canada 114,209
- Canada 114,215
- New Zealand 406,994
- New Zealand 406,995
CRICUT® Carry Tote
U.S. Patent Numbers:
CRICUT® Paper Trimmer
U.S. Patent Numbers:
International Patent Numbers:
- Europe 000436464-0002
- Europe 000436464-0001
- Canada 113,560
- Canada 113,549
CRICUT Scraper Tool
U.S. Patent Numbers:
CRICUT CUTTLEBUG™ Machine
U.S. Patent Numbers:
International Patent Numbers:
- Australia 2007211304
- Canada 116,923
- Canada 116,925
- China ZL200780010407.0
- Japan 5,025,663
- New Zealand 570,850
- Europe 000568027-0001
CRICUT GYPSY™ Device
U.S. Patent Numbers:
International Patent Numbers:
- Canada 133,368
- Europe 001648999-0001
- Australia 329,802
- Canada 133,786
CRICUT™ Knifty Knitter
U.S. Patent Numbers:
International Patent Numbers:
- Canada 121,065
- China ZL200780048523.1
U.S. Patent Numbers
U.S. Patent Numbers:
U.S. Patent Numbers:
CRICUT Your Story
U.S. Patent Numbers:
CRICUT Software (e.q. Cricut Craft Room and/or Cricut Design Space)
U.S. Patent Numbers
INTERNET SALES POLICY
Provo Craft’s Internet Sales Policy is to sell Cricut products through Cricut authorized online resellers only. No person or business is authorized to sell via the Internet without express contractual agreement with Provo Craft. Authorized Cricut resellers have access to the entire Cricut line and are able to answer product or warranty questions. Purchasing a Cricut through an authorized dealer/seller means that you receive:
- A GREAT product that is sure to provide you with years of enjoyment
- The support of and assistance from our representatives in helping you with your selections/questions
- A superb warranty should you ever need it
- Excellent value for your money
- Please allow 7-12 days for delivery
- Provo Craft does not ship to U.S. Territories (Puerto Rico, U.S. Virgin Islands, Guam, Saipan, Midway Islands, American Samoa, and Federated States of Micronesia)
- Some items may not be available for purchase in some countries
INTERNET RETURN POLICY
- You must contact email@example.com within five days of receipt of your order.
- No returns will be accepted after 15 days of receipt of your order.
- We do not offer returns on opened Cricut Cartridges or Digital content.
- Any returns must be in saleable condition and in original, unopened packaging.
- Return shipping is the customer’s responsibility, unless you have received a damaged or wrong product.
- Should you receive a damaged product, please contact customer service at 1-877-727-4288.
- All returns are subject to a 20% restocking fee. If an order is canceled after it has been processed, it is considered a return and will be subject to a restocking fee.
- You will need an RMA number before returning any products. Returns without an RMA will not be accepted. Please contact us to request an RMA. After you receive an RMA, your returns must be received within 14 days.